Sleep apnea decisions — 2020

The Board has remanded the Veteran's claims for service connection for migraine headaches, a psychiatric disorder, and OSA as secondary to Temporomandibular Joint Dysfunction (TJD) due to inadequate examination reports and failure to address new medical literature submitted by the Veteran.

The Board has remanded several claims for further development, including those related to dental bridge, respiratory conditions, generalized joint pain, low back pain, hypertension, sleep apnea, and erectile dysfunction. The issues are all related to service connection due to an undiagnosed illness.

For the appeal period prior to July 2, 2020, an initial rating in excess of 10 percent for residuals of a right hip bone graft was denied.,As of July 2, 2020, an initial rating of 30 percent, but no higher, for residuals of a right hip bone graft is granted.

The Veteran's appeal for an increased rating for sinusitis has been dismissed. The claim of service connection for headaches, including as secondary to a service-connected sinusitis condition, is denied. The claims for service connection for a bilateral foot disorder and peripheral neuropathy of the left lower extremity are remanded.

The Veteran's claims for service connection have been granted, with the exception of his hearing loss claim which is remanded. The grants include OSA and hypertension secondary to major depressive disorder, as well as bilateral plantar fasciitis and foot bone spurs secondary to those conditions.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for further development.,The Board has denied higher disability evaluations for lumbar spine degenerative disc disease prior to May 12, 2014 and as of May 12, 2014.

The Board has granted a 50 percent rating for PTSD, but the case is remanded to determine if sleep apnea is secondary to service-connected PTSD.

The Board has granted the Veteran's claims for service connection for erectile dysfunction, CVA, and obstructive sleep apnea as secondary to his service-connected hypertension. The claim for vascular dementia is remanded due to conflicting medical opinions.

The Veteran's right knee strain and residuals of a right knee arthroscopy are granted service connection. However, the Veteran does not have a current disability of sleep apnea.

The Board denied service connection for arthritis, finding that the current diagnoses of degenerative osteoarthritis were not incurred in or related to service.

The Board has granted service connection for unspecified depressive disorder and unspecified anxiety disorder, finding that the Veteran's current mental health conditions are due to an in-service assault. Service connection was denied for sleep apnea.

The Board has denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there is no evidence of an in-service injury or event related to this condition. The claim for secondary service connection based on ear surgery complications was found without legal merit.

The Veteran's sleep apnea is granted as service connected, with the Board finding credible evidence linking his in-service symptoms to his current condition.

Service connection is granted for left knee arthritis and OSA, with the latter being secondary to PTSD.,Hypertension service connection is denied due to lack of a nexus between current condition and service.

The Board denied the Veteran's claims of service connection for obstructive sleep apnea, left elbow strain, and right elbow strain. The decision found that there was no in-service disease or injury related to these conditions, and that any current disabilities were not caused by active service.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) because his service-connected disabilities do not preclude him from obtaining or maintaining substantially gainful employment, considering his level of education and prior work experience.

The Veteran's tinnitus was first manifested during service and is granted. The ventral hernia, back condition, right foot condition, left foot condition, right hip condition, left hip condition, and sleep apnea are all remanded for further examination and opinion.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there was no evidence of a current disability and no causal relationship to active service.

The Veteran's service connection claim for obstructive sleep apnea is denied as the evidence does not support a finding that his condition had its onset during service or is related to service.,Claims for increased ratings for right and left knee degenerative arthritis with shin splints are denied. The Veteran’s knees have never been shown to meet the criteria for higher than 10 percent ratings under Diagnostic Codes 5260 and 5261.,A separate 10 percent rating is granted for left knee instability effective July 8, 2019.

The Board has remanded the case due to insufficient medical opinion regarding whether the Veteran's obstructive sleep apnea is secondary to his service-connected diabetes mellitus type II. The examiner must address the specific contention of obesity being an intermediary link between the service-connected diabetes and sleep apnea.